Mills v. Browning

LATTIMORE, Justice.

This suit was filed by Leo Mills, appellant, against Perry Browning, sheriff of Wichita county, appellee, on the 16th day of May, 1931, to recover 10 automatic mint-vending machines which the plaintiff had seized and had condemned under articles 636 and 637, Rev. Criminal Statutes (Penal Code).

Appellee, Browning, answered by a general denial and a special plea, to the effect that each of the machines for which the plaintiff sued constituted a gambling device, and the same were being used for gambling purposes.

The evidence was submitted to a jury on special issues, in answer…